Item 4D - EXH-3 JUEA easement JEA 10-7-25L�
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND / OR UTILITY EASEMENT
October 8, 2025
Date of Submittal
To the City of Southlake:
The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public
drainage and / or utility easement situated on or abutting property located at
Willow Tree Gardens and described by metes and bounds in Exhibit No. 1 of the
attached agreement.
The reason for the encroachment and use of the easement is as follows:
Installation of screening wall within a public drainage and utility easement.
WTG OVERLOOK LLC
Printed , a of Popner
Si �swopropertylbwner
680 N CARROLL AVE
Address
SOUTHLAKE TX 76092
City State Zip
817-617-9105
Telephone
Fax Number
Easement Joint Use Agreement
THE STATE OF TEXAS
COUNTY OF TARRANT
Be it known, that the City of Southlake, herein after referred to as "City," and its franchised Utility Companies,
herein referred to as "U6lities" do consent and agree to permit the following
WTG Overlook LLC , herein after referred to as "Applicant,' to use an easement, situated on or
abutting LOT 2X , BLOCK A , OF Willow Tree Gardens IN THE CITY OF
SOUTHLAKE, TEXAS, as described on the attached Exhibit No. 1, depicted graphically on the attached EXHIBIT
No. 2 and consented to by the public utility companies as listed on the attached EXHIBIT No. 3, to be used for the
purposes of
Installation of screening wall within a public drainage and utility easement and being subject to the following conditions:
That the Applicant, his successors or assigns shall maintain in good condition all of the easement area and the
improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at
any time in the future.
That the Applicant shall and does hereby agree to indemnify and hold harmless the City and the Utilities from any
and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned
by its use of the easement or act of omission, neglect or wrong doing of Applicant, his officers, agents,
employees, invitees or other persons, with regard to the improvements and maintenance of such improvements;
and the Applicant shall, at his own cost and expense, defend and protect City and Utilities against any and all
such claims and demands.
III.
That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and / or
removed within thirty (30) days of written notification, at the discretion of City, for:
(1) Lack of maintenance to the easement;
(2) Failure to provide access to the City or its designees; or
(3) Compliance with a City Council directive that use of the easement by the Applicant be
discontinued and the cost associated with the discontinuing of such activities, and the removal of
such improvements, as well as property adjacent to the easement necessitated by such
discontinuation of the easement, shall be home by the Applicant.
IV.
That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for loss of the
value of the improvements made hereunder when such improvements are required to be removed by Applicant.
0: N—N ILive\ADMINISTRATION-PW DEPT\Forma\Agreemente\Jowl Use and Fncr l%mml.Agreemmt- Publie Euemmt-2022 Update doci
V.
This agreement shall be filed of record in the Deed Records of Tarrant County, Texas, and shall bind all future
owners of this lot and shall for all purposes be considered a covenant running with the land.
IN TESTIMONY WHEREOF, Applicant executes this Easement Agreement on this 9th day of
October 12025
Jody Alumbaunh
Printed Name
By: By:
ppl' s Signatu
NOTE: Complete the attached acknowledgements.
City of Southlake
Mayor
EXHIBIT T
METES AND BOUNDS DESCRIPTION
BEING a portion of a 9.595 acre tract of land situated in W. Hall Survey, Abstract No. 695, described in Special Warranty Deed
With Vendors Lien to WTG OVERLOOK L-C., recorded in Instrument Number D223227426, Official Public Records, Tarrant
County, Texas, and being a portion of that certain public drainage and utility easement also known as Lot 2X, Block A of proposed
Willow"free Gardens (CASE NO: ZA25-0006) Addition to the City Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a found 5/8" iron rod with cap stamped "PBS 8 d" from which a found 5/8" iron rod with rap stamped "SEMPCO
INC" bears North 89 degrees 18 minutes 42 seconds East (Grid Bearings based on North American Datum of 1983 (2011) EPOCH
2010, North Central Zone), a distance of 201.31 feet, and at the northwest corner of said Lot ZX (ground distances are expressed
In US survey feet using a project combined scale factor of 1.00012);
THENCE North 00 degrees 16 minutes 67 seconds West, with the west line of said proposed Lot 2X, a distance of 163.91 feet to
the POINT OF BEGINNING;
THENCE North 44 degrees 43 minutes 03 seconds East, across said Lot 2X, a distance of 7.07 feet to a point for comer;
THENCE South 00 degrees 16 minutes 57 seconds Fast, continuing across said Lot 2X, a distance of 28.28 feet to a point for
corner;
THENCE South 44 degrees 43 minutes 03 seconds West continuing across said Lot 2X, a distance of 5.20 feet to a point for
corner In the south line of said Lot 2X;
THENCE South 89 degrees 18 minutes 42 seconds West, with the south line of said Lot 2X, a distance of 1.32 feet to a point for
corner on the southwest corner of said Lot 2X;
THENCE North 00 degrees 16 minutes 57 seconds West, with the west line of said Lot ZX, a distance of 26.97 feet to the POINT
OF BEGINNING and containing 0.003 acres, or 140 square feet of land, more or less.
An exhibit of even data accompanies this
metes and bounds description.
YAZEL PEEBLES &
ASSOCIATES LLC
TBPEt510194022
P.O. Box 210097 B17.2611M16
liz ford, Tx 76095 ypassociates.mm
info®ypas dates.mm
ENCROACHMENT
EXHIBIT
OF CALLED 9.595 ACRES TO
WTG OVERLOOK, LLC
INSTRUMENT NUMBER D224227426
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
CITY OF SOUTHLAKE
RRANT COUNTY, TEXAS
N 0 20 40 F� EXHIBIT 1 1
201.31' N8918'42°E
scA POINT OF COMMENCING FOUND 5/8" IRON
V = 20' I ROD WITH CAP
FOUND 5/B" IRON ROD
Zm WITH CAP STAMPED STAMPED
w m "P&S 8 ��� "SEMPCO ING"
w m p DRAINAGE AND
UTILITY EASEMENT
x p 7 a n S PROPOSED
O m m Y- Yi LOT 2X BLOCK A
m m F a m WILLOW TREE GARDENS
'd p w B J w CASE NO: ZA25-0006
w3
man
LLZ m
O Z o
f Z V' 10' UTILITY EASEMENT
go ENCROACHMENT CASE NO: ] 5-0008
a m AREA —
0.003 ACRES
/ 141 SQUARE FEET
m J /
J
y vo�Nn� N E
L4 P8
+10IUTV EASEMENT
CABINET A. SLIDE 3999 PROPOSED
PRTCT LOTIX
PUBLICACCESS,
EMERGENCY ACCESS,
DRAINAGE AND
UTILITY EASEMENT
CROSS LANE CASE NO: ZA25-0066
LINE TABLE
N0.
BEARING
LENGTH
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS § Corporate Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared Jody Alumbaugh , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said
WTG Overlook LLC , a corporation, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND day of20��.
ILE.NILYxEEVEStnry Ip At 343935r. Commission Expiresmne 9, ton No ry ubl'd n and for the State of Texas
My Commission Expires: ,, 1r�L-f 7 D71
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person whose name is subscribed to the
foregoing Instrument and acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of , 20 _
Notary Public in and for the State
My Commission Expires:
THE STATE OF TEXAS §
City of Southlake
Acknowledgment
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally
appeared , known to me to
be
the person and
officer whose name is
subscribed to the foregoing instrumerd and acknowledged
to
me that same
was the act of said
, a municipal corporation, and that
he
executed same
for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OFFFICE this the _ day of , 20_
Notary Public in and for the State of Texas
My Commission Expires:
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our
respective franchise with the City of Southlake, do hereby consent to the encroachment and joint use of the
described portion of such drainage and / or utility easement requested in this Application for encroachment and
joint use of a public drainage and utility easement.
Oncor Electric Delivery Company
By:
(Please Pont)
Trde:
(Please Print)
Signature:
Verizon Telephone Company
By
(Please Pont)
Title:
(Please Pont)
Charter Communications, Inc.
By:
(Please Pont)
Title:
(Please Pont)
Signature:
Atmos Enemy
By:
(Please Pont)
Title:
(Please Pont)
Signature:
AT&T / Southwestern Bell Telephone Company
By:
(Please Print)
Title:
(Please Pont)
Tri-County FJectric Company
By:
(Please Print)
Title:
(Please Print)
Signature:
City of Southlake
By:
(Please Print)
Title:
(Please Pont)
Signature:
SERVICE PROVIDER CONTACTS FOR
EASEMENTS IN SOUTHLAKE
Oncor Electric Delivery
Budd Rodgers, Distribution ROW Agent
109 Crestwood Lane
Springtown, TX 76082
Office: (817) 443-3434
Mobile: (432) 234-9052
Email: buddy. rodgers@oncor.com
AT&T/Southwestern Bell
Eric Williams
Manager Engineering Design
1460 Round Table Drive, Room 1000
Dallas, TX 75247
Office: (214) 745-2964
Fax: (214) 745-8230
Charter Communications, INC
Maria Collier, Charter Coordinator
Office: (817) 298-3615
Email: Marla.Collier@charter.com
Tri-County Electric Cooperative, Inc.
Lauren Baccus, Development Coor.
4900 Keller -Hicks Road
Fort Worth, TX 76244
Office: (817) 752-8226
Fax: (817) 431-9680
Verizon Telephone
Joe Garza
Superintendent —Network Engineer
Office: (972) 252-0770
Cell: (325) 245-5102
Email: joe.garza@ftr.com
Atmos Enemy (Gas)
Greg Zylka, Project Manager
2000 Reliance Pkwy
Bedford, TX 76021
Office: (817) 685-1257 (ext. 1313)
Fax: (817) 359-1338
Email: gregory.zylka@atmosenergy.com